What is a writ of garnishment?

A writ of garnishment is a court order that allows a creditor to obtain money from a third party to pay off a debt. In New York, a writ of garnishment is available to creditors who have obtained a judgment against a debtor. It is often used when the debtor is difficult to locate or the debtor’s assets are not easily accessible. With a writ of garnishment, the creditor can garnish the assets of the third party, such as wages, bank deposits, and investments. The most common form of garnishment is wage garnishment, in which the creditor can seize part of the debtor’s wages each month until the debt is paid. Bank account garnishment is also possible, in which the creditor can take funds directly from the debtor’s bank account. In New York, the garnishment must follow certain rules that set out how much of the debtor’s wages may be garnished. The court order can also specify other restrictions, such as the type of assets that may be garnished and the amount of money that can be taken. In addition, New York has collection defense laws that prohibit creditors from freezing or taking certain assets. This prevents creditors from taking more than they are legally entitled to. The laws also prohibit wage garnishment above certain thresholds and provide borrowers with options if they have been threatened with garnishment or have experienced wage garnishment in violation of the law.

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What is a writ of garnishment?

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